NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #531 – 04/28/1981 (9-81) disclosure, duty of lawyer Topic: Duty to report violation of Disciplinary Rule; communication to member of rehabilitative committee Digest: Member of rehabilitative committee not obligated to report evidence of professional misconduct obtained during course of rehabilitation Code: Canons 1 and 4; … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #530 – 04/21/1981 (8-81) confidences, criminal practice, employment Topic: Confidences and secrets, withholding evidence, criminal practice Digest: Where lawyer has legal duty to turn over physical evidence, lawyer has ethical obligation to do so Code: Canon 4; DR 1-102(A)(5), 2-110(A)(1), 4-101(C), 4-101(C)(2), 7-102(A)(3), 7-102(A) (5) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #529 – 02/18/1981 (2-80) Topic: Representation of fugitive Digest: Lawyer may represent fugitive who refuses to surrender Code: EC 7-5; DR 2-110(B) and (C), 7-102(A)(7) QUESTION Is a lawyer required to withdraw from the representation of a fugitive client if the client refuses to surrender? … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #528 – 02/17/1981 (33-80) confidences, conflict of interests, secrets, witnesses Topic: Client’s confidences and secrets; client’s whereabouts Digest: Law of evidentiary privilege governs obligation to preserve client confidences and secrets when lawyer is required to testify, but lawyer may postpone testifying until validity of adverse … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #527 – 12/30/1980 (59-80) Topic: Appearance of impropriety; pro se litigation maintained by law firm; soliciting contributions Digest: Law firm may not solicit financial contributions for litigation which it has brought on its own behalf Code: DR 5-107(A), (B); EC 5-21, 5-22, 5-23, 7-8 QUESTION … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #526 – 11/24/1980 (46-80) appearance, prosecutors, public Topic: Part-time assistant district attorney; probation officer Digest: Part-time assistant district attorney should not also serve as probation officer in same jurisdiction Code: Canons 5, 8 and 9 EC 8-8 and 9-3 DR 5-105(A) QUESTION May a lawyer … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #525 – 11/14/1980 (43-80) prospective clients, confidences, conflict of interests, client consent, consultation, employment, secrets Topic: Confidences and secrets of prospective client; conflicting interests Digest: Lawyer cannot disclose secret imparted to him by potential client, and cannot continue to represent that client or existing client … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #524 – 09/15/1980 (19-80) auction, charities, donations, legal services, solicitation, soliciting for, wills Topic: Solicitation; auction of legal services by charity Digest: Improper for lawyer to donate legal services to a charitable organization for auction as a fundraising device Code: EC 2-30, 6-1; DR 2-101(C) … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #523 – 06/30/1980 (22-80) duty of lawyer, fraud, perjury Topic: Perjury; duty to report; prior proceeding in which lawyer not employed Digest: Lawyer under no duty to report perjury committed in proceeding in which his services were not employed Code: Canons 4 and 7; EC … Continued
NEW YORK STATE BAR ASSOCIATION Committee on Professional Ethics Opinion #522 – 06/09/1980 (16-80) advice, breathalyzer, existing clients Topic: Zealous representation; illegal or fraudulent conduct Digest: Proper for an attorney to advise client to refuse breathalyzer test requested by police officer Code: Canon 7; EC 7-8; DR 7-102(A)(7) QUESTION May a lawyer advise a client … Continued